HomeMy WebLinkAboutBOS EXEC. MINUTES 7-22-1999Board of Selectmen c • l;`.',
Executive Session
Minutes
July 22, 1999
Present: Chairwoman Royle, Clerk Wills, Selectmen Amoruso and McCarter
John D'Agostino, Town Manager
Robert Mangiaratti, Town Counsel
Mark Roberts, Special Environmental Counsel
Aileen Maquire, Traffic Consultant, Howard Stein Hudson,
At 6:30 PM Chairwoman Royle polled the Board to enter into executive session to
discuss strategy for litigation relative to the Great Waves project.
Selectman Amoruso - Aye.
Clerk Wills - Aye.
Selectman McCarter - Aye.
Chairwoman Royle - Aye.
Town Counsel explained that the Regional Office of the Department of Environmental
Protection will be making a decision on the Order of Conditions for the Great Waves
project sometime in the near future. This will trigger the thirty -day statute of limitations
to appeal. The Town's strongest argument would be traffic.
( As a result of a meeting this date among Town Counsel, Special Counsel, the traffic
Consultant, staff members, and Town Manager, Town Counsel recommended the
Selectmen commence civil action to focus on several issues that need to be addressed
with permitting Great Waves.
Special Counsel Roberts explained the purpose of the Mepa process and stated that the
Town will try to demonstrate that there are greater conditions of traffic failure than
described in the environmental impact traffic report that will have to be mitigated more
significantly. Mitigation measures could include additional police details and closing
during the daylong events —this in effect could increase costs and reduce profit for the
proponent.
Traffic Consultant Aileen Maguire explained that her firm would be submitting a report
citing areas in which Great Waves failed to comply with Mepa, which will be the basis of
the Town's suit. Great Waves used old data for the traffic report prior to the Tweeter
Center's expansion. Also, although in the environmental impact report, the proponent
lists intersections as failing both before and after development of Great Waves, the extent
of the impact afterwards is not disclosed up front but in the appendix of the report. The
report reads as if the impact on signalized intersection will stay the same, which is
presently an "P ". Also, at the time of Mass Highway permitting, the Tweeter Center's
second driveway was only to be used as access to the site, not egress.
Town Manager suggested actual counts would have to be conducted at certain concerts to
move forward with the suit.
Motion: To authorize Attorney Roberts to proceed with filing the Mepa appeal in
Superior Court, the expenses for which to be monitored through the Town
Manager who will report to the Selectmen on amounts that have been spent.
(McCarter- Amoruso) (4 -0) Clerk Wills, Aye; Selectman Amoruso, Aye;
Selectman McCarter, Aye; Chairwoman Royle, Aye.
Motion: That we authorize the Town manager to oversee the funding and administration
of the contract with Howard Stein Hudson for counting cars, to expand the
present scope of the contract to conduct traffic counts.
( Amoruso- Wills) (4 -0) Clerk Wills, Aye; Selectman Amoroso, Aye; Selectman
McCarter, Aye; Chairwoman Royle, Aye.
In response to Selectman McCarter's inquiry of the cost to conduct traffic counts, Ms.
Maguire approximated the cost a couple thousand dollars.
Town Manager D'Agostino listed five zoning attorneys, all of whom Town staff are
comfort level with and may be used to seek a second opinion on whether or not Great
Waves is allowed by zoning: Mark Bobrowski, Joel Varbel, Ken Salinger, Mark Antine,
and Joel Bard. Town Counsel confirmed that prescreening the attorneys could be done in
executive session but suggested that the Town Manager decide on which attorney the
Town should contract with.. Chairwoman Royle noted that she would not feel
comfortable suing the Town.
Selectman McCarter suggested the Town Manager determine, whom, if anyone, would be
willing to meet with the Selectmen on a pre - screening basis, and Chairwoman Royle
agreed.
Chairwoman Royle polled the Board to adjourn to open session at 7:40 PM.
Selectman Amoruso - Aye.
Clerk Wills - Aye.
Selectman McCarter - Aye.
Chairwoman Royle - Aye.
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erk's Sig kale Date of pproval Date of Release